Commission Board Terms and Conditions

YOTPO REFERRAL PROGRAM TERMS AND CONDITIONS.

These terms of Service, along with the “How it Works” page of our website (together, the “Terms”) govern the use of the Commission Board Program (“Program”). We reserve the right to modify these Terms, or suspend the Program, at any time. By participating in the Program, you agree to be bound by these Terms and the binding Arbitration provision below.

Referral Fees. Subject to the terms of these Terms, we shall pay you the applicable referral fees. You are solely responsible for remitting all taxes associated with any Referral Fees.
Eligibility. To be eligible for the referral fee you must 1) cooperate with us to introduce us to an approved lead at a target company (CEO/Founder/Director or above or a decision maker specifically approved by Yotpo, with such individual being an “Approved Lead” 2) that Approved Lead must take a demo with us 3) you must be the first to introduce us to the Approved Lead and 4) that lApproved Lead must use the link associated with you to book the demo. If two people introduce us to the same Approved Lead, we reserve the right, in our sole discretion, to determine to whom the referral fee should be paid.
Payment Terms. Referral fees are paid to you within forty-five (45) days after an Approved Lead you introduced us to completes a demo. All Referral Fees will be paid in US Dollars via Visa Gift Card, however we reserve the right to change the method of payment available at any time.
Maximum Fees. Unless otherwise approved by us in writing, the aggregate maximum referral fee we will pay to you is USD $20,000.00.
Restrictions. You shall not: (a) sell, resell, distribute, license or sublicense our products directly to any lead, (b) make any statements concerning our products that are false or misleading; (d) distribute any unsolicited bulk emails (spam) mentioning or referring to our products. Additionally, you have no authority to (i) negotiate any contract on our behalf; (ii) represent yourself as an agent of us, or (iii) bind us to any contract, representation or understanding concerning us or our products, or any other products or services offered by us. The Program is not open to current Yotpo employees or their immediate family.
Indemnity. You shall indemnify, defend, and hold us and our subsidiaries, affiliates, officers and employees harmless from and against any and all liabilities, losses, damages, costs, fees, and expenses (including reasonable attorneys’ fees) arising out of any Claims related to your violation of these Terms.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL WE, OUR SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES WHATSOEVER ARISING OUT OF THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND IN NO EVENT SHALL OUR TOTAL LIABILITY ARISING OUT OF ANY CLAIM OR CAUSE UNDER THIS AGREEMENT EXCEED 100 (ONE HUNDRED) DOLLARS
Governing Law; Venue. Arbitration. These Terms are governed by the laws of the jurisdictions based on your primary location as set forth below, without regard to conflicts of laws provisions. If you are based in the U.S: New York State law. If you are based outside of the U.S: England and Wales law. By participating in the Program you agree that any controversy, claim, action, or dispute between us arising out of or relating to: the Program, these Terms, or the breach thereof shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules. Claims shall be heard by a single arbitrator. Arbitrations shall be held in New York County, New York but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of New York, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, the governing law above governing arbitration agreements will apply. All disputes alleging these arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court. You agree that you may bring or participate in claims only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless we both agree in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding.
Relationship of the Parties. The parties are independent contractors, and no agency, joint venture or employee-employer relationship is created by these Terms.